Under what conditions can Aplus make suggestions and give mandatory instructions regarding the operation of the franchised business?

While this Agreement is in effect, Franchisor shall lend to Franchisee one digital or paper copy of the Manual. The Manual shall be treated as an integral and material part of this Agreement. The Manual sets forth procedures, standards, methods, specifications, and requirements for the operation of the APLUS Store and your Franchised Business. Franchisee shall conduct the Franchised Business in strict accordance with the provisions set forth in the Manual. The Manual may consist of one or more separate manuals and other materials as designated by Franchisor and may be in written or electronic form. The Manual shall, at all times, remain the sole property of Franchisor and shall promptly be returned to Franchisor upon expiration or termination of this Agreement, and Franchisee shall destroy any copies (electronic or otherwise) of the Manual in its possession.

Franchisor has and will continue to engage with designated third parties in its sole discretion to provide Franchisee with operational support, including but not limited to merchandising, promotional, marketing, and other functions on Franchisor's behalf (each, a "Designated Service Provider"). Franchisor shall be available to render advice, discuss problems and offer general guidance to Franchisee during normal business hours by telephone, e-mail, facsimile, newsletters, and other methods. Franchisor does not currently charge for this service; however, Franchisor retains the right to charge a fee for this service should Franchisee be deemed by Franchisor to be utilizing this service too frequently or in an unintended manner. Franchisor's advice or guidance to Franchisee relative to prices for products and services that, in Franchisor's judgment, constitutes good business practice is based upon the experience of Franchisor and its franchisees in operating a Franchised Business and an analysis of costs and prices charged for competitive products and services. Franchisee shall have the right to determine the prices to be charged by the Franchised Business; provided, however, that Franchisor shall have the sole right to: (1) set maximum retail prices, subject to state or federal law, for certain convenience store products; (2) set prices for certain products as part of Franchisee's participation in Programs; and (3) determine the prices to be charged for products sold through the APLUS and/or SUNOCO Internet site, including products sold to persons identified as customers of the Franchised Business.

Franchisor or Franchisor's representative shall make periodic visits, which may be announced or unannounced, to the Franchised Business for the purposes of consultation, assistance, and guidance with respect to various aspects of the operation and management of the Franchised Business. Franchisor may

Franchisee shall keep the Franchised Business open for business for the number of hours and days per week as described on Attachment 1. Failure to cause the APLUS Store to be open for business during the hours and days prescribed by Franchisor is a material breach of this Agreement. Failure to operate at least the number of hours as described on Attachment 1, unless prohibited by law, will result in an administrative fee equal to an additional one percent (1%) of the monthly Royalty Fee per day until the Franchised Business is open the minimum number of hours.

Franchisee is required to obtain licenses and certifications as Franchisor may specify, which Franchisee shall obtain within the time period specified by Franchisor.

You must conduct grand opening advertising ("Grand Opening Advertising") in the amount and manner that we require, as specified on the Summary Page. The minimum amount you must spend on Grand Opening Advertising is $3,000.00, and you may spend more than the minimum.

Source: Item 23 — RECEIPT (FDD pages 68–302)